Defence counsel in 'Datuk' kidnap case wants proceedings to be transferred to High Court
Both men were charged under Section 3 of the Kidnapping Act 1961, read together with Section 34 of the Penal Code, which carries the death penalty or life imprisonment with whipping if convicted. - Filepic
The defence counsel of four accused involved in the kidnapping of a businessman for ransom of RM19 million, has applied for the case to be transferred to the High Court.
Lawyer S. Sundarajan, representing four members of the organised crime group, William Gang, made the application to Magistrate Noor Aisah Mohamad during the proceedings in the Magistrate's Court here, Tuesday.
Noor Aisah later informed that the defence must wait for the prosecution to obtain the forensic and the deoxyribonucleic acid (DNA) reports before submitting the application.
She then set Feb 28 for mention of the case.
Last December, the accused Low Sing Hwa, 30, and Tham Hock Ann, 37, pleaded not guilty to kidnapping and wrongfully confining Datuk Chin Yoke Choon, 54, an executive director of Tunas Manja Group, along with three others still at large.
The offence was allegedly committed at Seri Manja Boutique Hotel car park in Bandar Indera Mahkota here at 5.55 pm on Dec 26 2015.
Both men were charged under Section 3 of the Kidnapping Act 1961, read together with Section 34 of the Penal Code, which carries the death penalty or life imprisonment with whipping if convicted.
Following the proceedings in the Magistrate's Court, the duo's case was brought to the Sessions Court here as they were charged under Section 130V (1) of the same Code, for their involvement in the William Gang between January 2015 and Oct 30 last year.
The offence provides for a maximum sentence of 20 years imprisonment.
Meanwhile, in the same court two of their friends, Choo Jia Lerk, 24 from Skudai, Johor and Liew Chee Hwa, 30, from Pontian, Johor faced charges for associating with the William Gang without cause, from April 2015 to Nov 19 2016.
They were charged under Section 130Y of the Penal Code which provides a minimum of five years and maximum of 20 years imprisonment and a fine.
Judge Siti Aminah Ghazali also set Feb 28 for mention of the case to allow deputy public prosecutors Faridz Gohim Abdullah and Mohammed Ashraf Md Kamal to obtain the forensic and DNA reports.
According to the facts of the case, the businessman was kidnapped by a group of men in police uniforms travelling in a police patrol car.
After 74 days in custody, the victim was finally released at Genting Sempah on the Kuala Lumpur-Karak Highway after the ransom was paid in Singapore currency. -- Bernama
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